A new twist on the case23 Feb 2025 10:48
So, within the Court of Appeal ruling, the court decided that it was the right path to get the lender to repay the commission and not to go after the dealers for what is actually the value of the bribe. Under the Bribery Act the proceeds of the bribe if not recovered to the principle in line with a different case laws (Keech/FHR) the state can reclaim them under the Proceeds of Crime Act 2002. Recission does not nullify the proceeds of crime. This would require (Mr two tier otherwise) the CPS to then instigate the prosecution and reclaiming of the same value of the recission/bribe value (many £bn if you believe this scenario will be allowed to happen by the Supreme Court not overruling the CoA complete lack of foresight) which would result in almost every car dealership being closed down and the big manufacturers likely exiting the UK. This has a plausible clear legal path and it's not that uncertain (way more accurate than RBS forecast of £30bn). Just think about this, not just car finance, all half secret or secret commission based instances, solicitors, estate agents, insurance brokers, etc.. even Martin the wise one Lewis could have the CPS knocking on his door for some proceeds of crime recovery separately to the CoA blind intent.... unintended consequences on overdrive.... Would be a stupid way for Reeves to fill another self inflicted black hole in the budget, here is an RBS calculated £30bn, oh, no industry left and a lot of people waving pitchforks on bicycles ?
PPI did not have bribery, although with the CoA they now change that PPI to bribery, oh, and extra £30bn or so.
Reeves would appear to have the CPS lined up to recover over £100bn or more for the Treasury in proceeds of crime act prosecutions.
Politically this would likely destroy Labour and the UK financial markets. Not one newspaper has even touched this with a barge pole because it's either so toxic or they still have no idea about the unintended consequences.
Still think the Supreme Court is going to let the fiduciary and bribery slippery slope stand without overruling ?
Plevin.... sit back, relax and watch the show.... with a super size bucket of popcorn...munch...munch...